If you were injured in an accident and are pursuing compensation, there is a good chance you will face a deposition. Most people have not given a deposition before, and it is normal to feel nervous and intimidated by the process. You may wonder what to expect in a personal injury deposition, who will be in the room, what questions you will be asked, and how your answers may affect your case.

Attorney Eric Derleth has been practicing law in and around Anchorage, Alaska, for more than 30 years. He has handled countless personal injury depositions and knows that understanding what will happen during and after a deposition in a personal injury case can ease your mind and help you prepare.

Key Takeaways

• A personal injury deposition is a question-and-answer session, conducted under oath, in which lawyers ask questions to learn about the accident and how your injuries affected your life.
• Depositions in a personal injury case usually last a few hours, depending on the complexity of the case.
• The best way to prepare for a deposition in a personal injury case is by working with an experienced attorney.
• After the deposition, the attorneys may order a transcript, which can be used as evidence in the case.

What Is a Deposition?

A deposition is a question-and-answer session that takes place under oath. Lawyers use depositions to gather information from witnesses, experts, and parties to learn what happened. In a personal injury case, attorneys will also ask questions to learn about your injuries and how they affected your life.

Depositions are typically conducted out of the courtroom. Yours will most likely happen at an attorney’s office. A court reporter transcribes (writes down) everything that is said during the deposition. The attorney for the person being questioned can object to certain questions based on the Rules of Evidence.

In addition to learning what happened and how your injuries affected you, deposition testimony can also be used in settlement negotiations, court pleadings, and at trial to contradict or impeach a witness.

What to Expect at a Deposition in a Personal Injury Case

During a personal injury deposition, the lawyer asking questions can inquire about almost anything that relates to your background, the cause of your injuries, and how they affected your life. Most depositions begin with basic “rules” about to help keep the process running smoothly.

You will swear an oath to tell the truth, and the lawyer asking the questions will explain:

1. Your answers need to be spoken. The court reporter cannot take down a shake of the head.
2. Speak loudly and clearly so the court reporter can capture every word.
3. If you mean yes, say “Yes.” If you mean no, say “No. It can be difficult for the court reporter to interpret an “uh-huh” or an “uh-uh.”
4. Do not guess. If you do not know the answer, you can say “I don’t know.”
5. If a question is unclear or you do not understand it, tell the attorney you do not understand and ask them to rephrase it.

In most personal injury depositions, the attorney will begin by asking about your background. They will likely ask about your education, work history, medical history, and any prior injuries or accidents. Then, they will move to questions about the accident, asking how it occurred, the sequence of events that led to the injury, and what happened after the accident. The lawyer may then move to questions about your injuries and the medical care and treatment you received. Finally, the attorney will likely ask questions about damages, such as work limitations, time you missed from work, activities you were unable to participate in because of your injuries, and your pain levels.

How Long Does a Deposition Last?

Most depositions in personal injury cases last for a few hours. The length can vary depending on the complexity of the case, how long your answers are, and how many exhibits are introduced during questioning. Local court rules may limit the number of depositions that can be taken and how long each deposition can last.

How Can I Prepare for a Deposition in a Personal Injury Case?

A deposition is a serious matter, and you should be prepared. The best way to prepare for a deposition in a personal injury case is by having an experienced attorney on your side. Your attorney can meet with you before the deposition to help you understand how the deposition fits in with your larger case strategy, and to review the types of questions you may be asked based on how the accident happened and the nature of your injuries.

You want to be as comfortable as possible before the deposition. Get a good night’s sleep. Consider reviewing any prior statements you made, such as an accident report or police report. Organize your thoughts to help you recall the timeline of events, the various medical providers you saw, and the type of care and treatment you received.

For a personal injury deposition, business casual attire is generally appropriate.

Common Mistakes to Avoid During a Personal Injury Deposition

A deposition can be stressful. Do your best to remain calm. Listen carefully to the question, and answer only the question asked. Try to avoid volunteering information. Common mistakes people make during a deposition include:

• Guessing about an answer instead of saying “I don’t know.”
• Volunteering unnecessary details.
• Providing a lengthy answer when a simple “Yes” or “No” will do.
• Becoming defensive or arguing with opposing counsel.
• Exaggerating or minimizing their injuries and how the injuries affected their life.

A personal injury attorney can help you prepare for the questions that will be asked and avoid common pitfalls.

What Happens After the Deposition?

After the deposition, the attorneys will review the information provided and use it to shape their case strategy. They may request a transcript. The court reporter will prepare a written record of what was said. Once the transcript is prepared, your lawyer will be notified and you will have 30 days to review and correct any transcription errors. If you request changes, both the original and the corrected answers can be used in court.

Once the personal injury deposition has been transcribed, it becomes evidence and the lawyers can use it in court pleadings. Deposition testimony can also be used for limited purposes during trial. An attorney can use deposition testimony to challenge a witness if they say something during trial that is meaningfully different from their deposition testimony. Deposition testimony can also be used if a witness is unavailable for trial, such as if they refuse to attend or if the person who provided the testimony is deceased at the time of trial.

Why Having an Experienced Personal Injury Attorney Matters

Learning that you have been asked to give a personal injury deposition can be stressful. Knowing what to expect and working with an experienced personal injury attorney can help reduce your anxiety. An attorney can also protect your rights by objecting to questions that violate the Rules of Evidence, and strategically using your deposition testimony to strengthen your case.

Contact an Experienced Alaska Personal Injury Attorney Today

Eric Derleth, The Trial Guy, proudly represents individuals in personal injury matters in Anchorage, Soldotna, Kenai, Palmer, Fairbanks, Juneau, Wasilla, and other areas of Alaska. Call 907-262-9164 to schedule a free consultation at our Anchorage or Soldotna office, or contact us online. Our phone lines are open 24 hours a day, seven days a week.